BILL NUMBER: AB 706	CHAPTERED  08/27/99

	CHAPTER   239
	FILED WITH SECRETARY OF STATE   AUGUST 27, 1999
	APPROVED BY GOVERNOR   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 24, 1999

   An act to amend Section 8655.5 of the Government Code, relating to
community warning systems.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 706, Torlakson.  Community warning systems:  donor
organizations:  immunity.
   Existing law provides that a nonprofit public benefit corporation
that has donated in whole or in part a community warning system to a
county of the ninth class, known as a donor organization, is immune
from suit and claims of liability for any injury arising out of the
design, development, installation, maintenance, operation, and use of
a community warning program or community warning system.  Immunity
under these provisions does not apply to the management, operation,
or maintenance of a community warning system by a donor organization
after a donor organization donates a community warning system to a
county of the ninth class, except that operation or maintenance of a
stationary terminal for communications and operations in accordance
with the direction of, or under contract with, a county of the ninth
class does not constitute the management, operation, or maintenance
of a community warning system.
   This bill instead would provide that immunity under these
provisions does not apply to the management, operation, or
maintenance of a community warning system by a donor organization
after a donor organization donates a community warning system to a
county of the ninth class, but that immunity shall apply to (1) the
installation by a donor organization of alert receiver equipment and
initiation box equipment, or (2) the operation or maintenance, or
both, by a donor organization of stationary terminal equipment and
related initiation box equipment, and alert receiver equipment, or
both (1) and (2), for communications and operations, provided that
the installation, operation, or maintenance, or all of these, by the
donor organization is undertaken without compensation, and in
accordance with the direction of, or under contract with, a county of
the ninth class, whether before or after the donation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8655.5 of the Government Code is amended to
read:
   8655.5.  (a) As used in this section, the following terms have the
following meanings:
   (1) "Community warning program" means any broadcast or
notification program conducted by or at the direction of a public
agency of a county of the ninth class that is intended to facilitate
the agency's ability to warn residents of an actual or a threatened
hazardous materials release or other emergency or natural disaster,
and to coordinate the dissemination of information through various
media and other warning devices of any nature, including, but not
limited to, sirens, television, radio, 911 service, and public
address systems.
   (2) "Community warning system" means any combination of equipment,
hardware, and software used in a community warning program by a
county of the ninth class.
   (3) "Donor organization" means a California nonprofit public
benefit corporation, and its officers, directors, employees, members,
and contributors, that has donated in whole or in part a community
warning system to a county of the ninth class.
   (b) A donor organization is immune from suit and claims of
liability for any injury arising out of the design, development,
installation, maintenance, operation, and use of a community warning
program or community warning system.  This section shall be
cumulative with, and does not affect in any way, any immunity from
suit and claims of liability, privileges, defenses, or exemptions
otherwise enjoyed by any person or entity.  This immunity shall not
apply to the management, operation, or maintenance of a community
warning system by a donor organization after a donor organization
donates a community warning system to a county of the ninth class,
but shall apply to (1) the installation by a donor organization of
alert receiver equipment and initiation box equipment, or (2) the
operation or maintenance, or both, by a donor organization of
stationary terminal equipment and related initiation box equipment,
and alert receiver equipment, or both (1) and (2), for communications
and operations, provided that the installation, operation, or
maintenance, or all of these, by the donor organization is undertaken
without compensation, and in accordance with the direction of, or
under contract with, a county of the ninth class, whether before or
after the donation.
   (c) (1) Except as expressly provided in subdivision (b), this
section does not negate or impair any duty or cause of action,
whether civil or criminal, against a donor organization.
   (2) Without limiting the generality of paragraph (1), this section
is not intended to, nor shall it be construed to, (A) relieve the
manufacturer, designer, developer, installer, or supplier of
equipment or software for a community warning system from any
obligation or liability under any applicable statute or rule of law,
or (B) relieve any donor organization from any liability for the
intentional wrongful use of a community warning system or any part
thereof.
   (3) Notwithstanding any other provision of this section or of any
law relating to indemnity, joint and several liability, or several
liability, no claim for contribution or indemnity arises against a
donor organization based on the design, development, installation,
maintenance, operation, or use of a community warning system for
which the donor organization is otherwise immune under the section.
   (4) Notwithstanding any other provision of this section or of any
law relating to indemnity, joint and several liability, or several
liability, no person who is otherwise liable for damages shall be
entitled to seek or assert any allocation of any percentage of fault
or liability for the purpose of the reduction of damages for personal
injury, property damage, or wrongful death, based on the
participation of a donor organization or a county of the ninth class
or its officials or employees in the design, development,
installation, maintenance, operation, or use of a community warning
system.
